The URL can be used to link to this page

Home My WebLink About13 - Sculpture Exhibition in Civic Center Park — Local Assistance Specified GrantTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 8, 2019 Agenda Item No. 13 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Tim Hetherton, Library Services Director - 949-717-3801, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton, Library Services Director, thetherton(a)newportbeachca.gov PHONE: 949-717-3810 TITLE: Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park — Local Assistance Specified Grant ABSTRACT: The Fiscal Year 2019-20 California State Budget appropriates a specified grant of $500,000 for the Sculpture Exhibition in Civic Center Park. The grant guidelines require projects to be completed by December 31, 2021. To meet the time requirements, staff is proposing the grant be utilized for: 1) Phase V of the Sculpture Exhibition, currently funded in the City's FY 2019-20 Budget; 2) Phase VI, to be programmed for FY 2020-21; 3) enhanced educational programming as part of the opening of Phases V and VI; and 4) rehabilitation of the footpath in Civic Center Park. This proposal returns $135,000 of General Fund — Visit Newport Beach (VNB) Public Benefit Funding monies currently allocated in FY 2019-20. The City Arts Commission reviewed staff's proposal and instead recommends the City budget for Phase V be maintained and utilize the grant funds for Phases VI and VII of the Sculpture Exhibition through an accelerated implementation schedule. The California Department of Parks and Recreation requires City Council to approve a resolution authorizing the Library Services Director to apply for the grant funds. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution 2019-91, A Resolution of the City Council of the City of Newport Beach, California, Approving Application for Specified Grant Funding for $500, 000 for the Sculpture Exhibition in Civic Center Park Project; and c) Approve a proposal to use Local Assisted Specified Grant Funds to fund either: a. Phases V and VI of the Sculpture Exhibition in Civic Center Park and infrastructure improvements to Civic Center Park; or b. Phases VI and VII of the Sculpture Exhibition in Civic Center Park and infrastructure improvements to Civic Center Park. 13-1 Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park — Local Assistance Specified Grant October 8, 2019 Page 2 FUNDING REQUIREMENTS: If the grant funds are utilized for Phase V and VI, General Fund contributions of $135,000 for each phase are available for other uses. The funding source for these contributions is VNB Public Benefit Funding, which is for "...expenditure on programs or activities (e.g., public art, cultural and promotional activities, beautification projects, etc.) that benefit the public, as determined by the City Council." Under the City Arts Commission's proposal, Phase V would be funded as budgeted in FY 2019-20. Phases VI (FY 2020-21) and VII (FY 2021-22) would be funded with the grant funds. The revenue and expense as proposed by the Arts Commission would be submitted as part of the regular budget process for future phases. DISCUSSION: In April 2019, Councilman Jeff Herdman, along with City Arts Commission Chair Arlene Greer, initiated a meeting with State Assemblywoman Cottie Petrie -Norris with the desired outcome of obtaining state funding for the Sculpture Exhibition in Civic Center Park. In June 2019, the State of California Department of Parks and Recreation identified the City of Newport Beach as eligible for Local Assistance Specified Grant Funding for $500,000 for the Sculpture Exhibition in Civic Center Park. The Fiscal Year 2019-20 California State Budget (budget Item 3790-101-0001(1)2(p); "$500,000 shall be available for a grant for a Sculpture Garden in the City of Newport Beach") appropriates this specified grant. City staff met with representatives from the Office of Grants and Local Services on August 13, 2019. The Office of Grants and Local Services (OGALS) of the California Department of Parks and Recreation, develops and administers grant programs that provide funding for local, state, and nonprofit organization projects. Grant projects generally address park, recreation and resources related needs. OGALS determined that the Sculpture Exhibition in Civic Center Park is an appropriate use of grant funds. In order to receive the grant funding, OGALS requires the Newport Beach City Council to pass a resolution approving the filing of all applications associated with the contract. OGALS will then send a contract to the City upon receipt of the resolution. The City's authorized representative signs and returns the contract to OGALS. OGALS then signs and returns the fully executed contract to the City. The timeline to submit a grant application is the following: ■ Grantee submits an adopted resolution to OGALS by November 1, 2019; ■ The application must be submitted to OGALS by January 31, 2020; ■ The OGALS contract must be signed and submitted back to OGALS by March 31, 2020; 13-2 Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park — Local Assistance Specified Grant October 8, 2019 Page 3 ■ The project must be completed by December 31, 2021; and ■ The grant funds must be expended by June 30, 2022. At the City Arts Commission's September 12, 2019 regular meeting, staff requested that the Commission approve a proposal to use the grant to fund Phase V and Phase VI of the Sculpture Exhibition in Civic Center Park at $150,000 per phase, including project management, installation/de-installation, and educational programming. Under the staff proposal, this funding source would have entirely reimbursed the $135,000 allocated by City Council for Phase V in the Fiscal Year 2019-20 budget and will reduce the City's contributions for Phase VI by $135,000, which was anticipated to be budgeted for FY 2020-21. The City Arts Commission could then utilize the remaining $15,000 per phase for educational programming in the Exhibition. Under staff's proposal, the City would use the remaining $200,000 for infrastructural upgrades in the park, specifically the footpath used by visitors to view the art. The City Arts Commission did not approve the staff proposal and instead formulated a request to City Council to approve the use of the grant funding for Phase VI and Phase VII of the Sculpture Exhibition in Civic Center Park at $150,000 per phase. Under this proposal, the City Arts Commission would retain the $135,000 allocated by City Council in the Fiscal Year 2019-20 budget to fund Phase V. In order to receive the grant funds, OGALS requires that the City Arts Commission complete the project by December 31, 2021. To meet this requirement, the City Arts Commission proposes using an accelerated installation schedule for Phases VI and VII. Under this plan, Phase VI will be completed in November 2020 and Phase VII would be completed in August 2021. Because of the accelerated timeline for installation, from August 2021 until May 2022, 30 individual pieces of sculpture will be on exhibition in Civic Center Park. The City Arts Commission proposes to use the remaining funds ($200,000) to replace or upgrade the footpath that winds through the park. This infrastructure upgrade will enhance the visitor experience in the park for years to come and facilitate the installation of larger pieces on a pathway that can support their weight. The remaining $15,000 per phase would be used for educational programming. The table below delineates the timeline of the project as proposed by the City Arts Commission and the funding sources for the individual Phases- PHASE V START• November 2019 • May 2020 • $135,000 OURLC Cultural Arts budget VI June 2020 December 2020 $150,000 State Grant Path TBD TBD $200,000 State Grant VII January 2021 August 2021 $150,000 State Grant Total $635,000 13-3 Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park — Local Assistance Specified Grant October 8, 2019 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2019-91 Attachment B — 2019-20 Procedural Guide for the Newport Beach Sculpture Garden Local Assistance Specified Grant 13-4 ATTACHMENT A RESOLUTION NO. 2019- 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING APPLICATION FOR SPECIFIED GRANT FUNDING FOR $500,000 FOR THE SCULPTURE EXHIBITION IN CIVIC CENTER PARK PROJECT WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Newport Beach ("City"), setting up necessary procedures governing application(s); WHEREAS, said procedures established by the State Department of Parks and Recreation require the City Council to certify by resolution the approval of a project application before submission of said application to the State of California; WHEREAS, the City desires to apply for and enter into a contract with the State of California to use Local Assisted Specified Grant Funds to fund Phases V and VI of the Sculpture Exhibition in Civic Center Park and for infrastructural improvements to Civic Center Park ("Project"); WHEREAS, Phases V and VI of the Sculpture Exhibition in Civic Center Park consist of the project management, educational programing, installation, and removal of twenty sculpture pieces to be exhibited at some period during May 2020 through December 2022; WHEREAS, other anticipated uses of the specified funds include educational programing focused on children and the replacement of the Civic Center Park path; and WHEREAS, the City will enter into a contract with the State of California to complete the Project. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the filing of a project application for a specified grant for $500,000 for the Project. Section 2: The City Council certifies that the City has or will have available, prior to commencement of Project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the Project. 13-5 Resolution No. 2019 - Page 2 of 3 Section 3: The City Council certifies that the City has or will provide sufficient funds to operate and maintain the Project. Section 4: The City Council certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide, which is attached to this Resolution as Exhibit A. Section 5: The City Council delegates the authority to the City's Library Services Director, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope. Section 6: The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Section 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 8: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 13-6 Resolution No. 2019 - Page 3 of 3 Section 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 8th day of October, 2019, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4 4;� Aaron C. Harp City Attorney Attachment: Exhibit A — 2019-20 Procedural Guide for the Newport Beach Sculpture Garden Local Assistance Specified Grant 13-7 EXHIBIT A [FOR THE FULL TEXT OF THIS DOCUMENT, SEE ATTACHMENT B TO THE STAFF REPORT] 2019-20 Procedural Guide for the Newport Beach Sculpture Garden Local Assistance Specified Grant July 1, 2019 (Revised September 2019) State of California The Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services (OGALS) "Creating Community through People, Parks, and Programs" Send Application and correspondence to: Street Address for Overnight Mail: Mailing Address: Calif. Dept. of Parks and Recreation Calif. Dept. of Parks and Recreation Office of Grants and Local Services Office of Grants and Local Services 1416 Ninth Street, Room 918 P.O. Box 942896 Sacramento, CA 95814 Sacramento, CA 94296-0001 Phone: (916) 653-7423 Website: www.parks.ca.gov/qrants 2019-2020 California State Budget, Chapter 2912019 Budget Item 3790-101-0001(1)2(p) $500,000 shall be available for a grant for a sculpture garden in the City of Newport Beach. Grant Performance Period: July 1, 2019 — June 30, 2022 13-8 ATTACHMENT B 2019-20 Procedural Guide for the Newport Beach Sculpture Garden Local Assistance Specified Grant July 1, 2019 (Revised September 2019) State of California The Natural Resources Agency Department of Parks and Recreation Office of Grants and Local Services (OGALS) "Creating Community through People, Parks, and Programs" Send Application and correspondence to: Street Address for Overnight Mail: Mailing Address: Calif. Dept. of Parks and Recreation Calif. Dept. of Parks and Recreation Office of Grants and Local Services Office of Grants and Local Services 1416 Ninth Street, Room 918 P.O. Box 942896 Sacramento, CA 95814 Sacramento, CA 94296-0001 Phone: (916) 653-7423 Website: www.parks.ca.gov/qrants 2019-2020 California State Budget, Chapter 29/2019 Budget Item 3790-101-0001(1)2(p) $500,000 shall be available for a grant for a sculpture garden in the City of Newport Beach. Grant Performance Period: July 1, 2019 — June 30, 2022 13-9 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Department Mission The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. Community Engagement Division Mission Encouraging healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all. The Office of Grants and Local Services (OGALS) Mission The mission of the Office of Grants and Local Services is to address California's diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. OGALS VISION GOALS To Be: • A leader among park and recreation professionals. • Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs. • Honest, knowledgeable and experienced grant administration facilitators. • Sensitive to local concerns while mindful of prevailing laws, rules and regulations. • Perceptive to opportunities for partnerships, growth and renewal where few existed before. • Committed to providing quality customer service in every interaction and transaction. • Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees. 13-10 TABLE OF CONTENTS GRANTPROCESS............................................................................................................4 KeyDates.......................................................................................................................... 4 AuthorizingResolution....................................................................................................... 5 ResolutionForm................................................................................................................. 6 APPLICATION SECTION..................................................................................................7 Application Packet Checklist.............................................................................................. 7 Additional Non -Profit Requirements................................................................................... 8 Specified Grant Project Application Form.......................................................................... 9 AcquisitionProjects.......................................................................................................... 10 DevelopmentProjects...................................................................................................... 11 Accounting Rules for In-house Employee Services......................................................... 12 Project Scope/Cost Estimate Form.................................................................................. 13 FundingSources.............................................................................................................. 14 CEQA Compliance Certification....................................................................................... 15 StatusReport................................................................................................................... 16 GRANT PAYMENTS....................................................................................................... 17 Reimbursement Payments............................................................................................ 17 AdvancePayments.......................................................................................................... 18 AcquisitionAdvance......................................................................................................... 19 Final Payments/Project Completion Packets................................................................... 20 PaymentRequest Form................................................................................................... 21 Grant Expenditure Form................................................................................................... 23 Project Completion Certification....................................................................................... 24 CONTRACT..................................................................................................................... 25 Sample Specified Grant Contract..................................................................................... 25 ACCOUNTING AND AUDITS.......................................................................................... 33 Accounting Requirements................................................................................................ 33 AuditChecklist................................................................................................................. 34 DEFINITIONS.................................................................................................................. 35 Words and terms shown in SMALL CAPS in this Procedural Guide are defined beginning on page 35. 13-11 Grant Process Key Dates This specified GRANT is appropriated by the 2019-20 State Budget (Chapter 23, statute of 2019). The following dates allow OGALS sufficient time to ensure PROJECT COMPLETION within the GRANT PERFORMANCE PERIOD (July 1, 2019 -June 30, 2022). • Authorizing Resolution: submit by November 1, 2019 • CONTRACT: Sign and submit by December 1, 2019 • APPLICATION PACKET(S): Submit by January 1, 2020 • PROJECTS Complete by December 31, 2021 • PROJECT COMPLETION PACKETS: Submit by March 31, 2022 • PROJECT Record Retention Period is 5 years past final payment Grant Process Detail 1. Authorizing Resolution: GRANTEE passes one resolution approving the filing of all applications associated with the CONTRACT, and provides a copy to OGALS. 2. CONTRACT: OGALS Sends a CONTRACT to the GRANTEE upon receipt of the resolution. Any costs Incurred prior to finalizing the CONTRACT are at the GRANTEE'S Own risk. a. A sample CONTRACT can be found beginning on page 25. b. The AUTHORIZED REPRESENTATIVE Signs and returns the CONTRACT to OGALS. C. OGALS signs and returns a Copy of the fully executed CONTRACT to the GRANTEE. 3. APPLICATION PACKETS): The GRANTEE defines the PROJECT SCOPE(S) and amount of GRANT funds needed for each PROJECT. AS PROJECTS are Identified, the GRANTEE submits Individual APPLICATION PACKET(S) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter Of approval to the GRANTEE Or requests additional information. 4. Payments and end Of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for eligible costs. The GRANT Payments Section, beginning on page 17, provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT IS approved by OGALS. b. The GRANTEE Completes PROJECT SCOPE(S) and sends PROJECT COMPLETION PACKET(S) to OGALS. C. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE In the PROJECT COMPLETION PACKET, and as verified by OGALs by conducting a site inspection. 5. Accounting and Audit: DPR'S Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records, including source documentation with original signatures, for five years following receipt of the final GRANT payment. The Accounting and Audit Section, beginning on page 33, provides directions and an Audit Checklist for DPR audit and accounting requirements. 13-12 Authorizing Resolution GRANTEE passes one resolution approving the filing of all applications associated with the CONTRACT, and forwards a copy to OGALS. The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged. The Authorizing Resolution serves two purposes: It is the means by which the GRANTEE's Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the CONTRACT. 2. Designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position Is referred to as the AUTHORIZED REPRESENTATIVE. The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other Individuals (by position title) either in entirety or for particular documents. The delegation process requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALs delegating authority. 13-13 Resolution Form RESOLUTION OF THE Supervisors) OF Resolution No: (Title of Governing Body/City Council, Board of (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED that the (grantee's governing body) hereby: 1. Approves the filing of project application(s) for specified grant project(s); and 2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and 3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and 4. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and 5. Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Approved and adopted the day of 20 I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the (grantee's governing body) following a roll call vote: Ayes: Noes: Absent: (Clerk) 13-14 Application Section • GRANTEE may submit multiple APPLICATION PACKETS. • Separate APPLICATION PACKETS are required for each PROJECT site. • Provide all APPLICATION PACKET items in the order shown in the following checklist. • Submitted documents need not contain original signatures, but the GRANTEE must keep all original signed documents. • GRANTEES are encouraged to submit documents digitally, as .pdf files. Do not send the APPLICATION PACKET as one file. E-mail each checklist item to the PROJECT OFFICER as a separate digital file, labeled using the digital file names indicated on the application checklist. • If submitting hard copies, number all pages of the APPLICATION PACKET. Application Packet Checklist Complete the checklist below and submit it with the APPLICATION PACKET. An APPLICATION PACKET will not be considered complete unless all items on the checklist are submitted. Each GRANT PROJECT requires its own application. 0 v 0 Procedure Signed by Application E ° CID Guide AUTHORIZED Packet a v 77 Application Item Page # REPRESENTATIVE Page # CT 0 ❑✓ � o Application Packet Checklist Pg. 7 Pg. Digital file name: checklist.pdf Application Pg. 9 Pg. Digital file name: application.pdf Acquisition Requirements Pg. 10 Pg. Digital file names: acqdocs.pdf Project Scope/Cost Estimate P 13 P g' g Digital file name: scope.pdf Funding Sources Pg. 14 Pg. Digital file name: fundingsources.pdf CEQA Compliance Certification P 15 P g' g Digital file name: ceqa.pdf El Land Tenure Pg. 16 Pg. Digital file names: ownership.pdf or nonownership.pdf Ei Site Plan Pg. 16 Pg. Digital file name: siteplan.pdf 13-15 Additional Non -Profit Requirements Fidelity Bond (For Non-profit grantees only) Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICERS before any payment requests can be approved by OGALS. The premium for a Fidelity Bond is an eligible cost. A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES' employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third Party Loss Payee, i.e., the same as a mortgage company on a home loan. OGALs address is: State of California, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services. Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment. GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. A list of Fidelity Bond frequently asked questions is available on the OGALs web site at www.parks.ca.gov/grants Three -Bid Process (For non-profit grantees only) Non-profit GRANTEES must attempt to obtain three bids before awarding a contract on a GRANT -funded PROJECT for services (greater than $5,000), and for construction work (greater than $25,000), thus ensuring state funds are spent responsibly. 1. Non-profit GRANTEE attempts to obtain three bids for services (greater than $5,000) and for construction work (greater than $25,000). 2. To ensure that bidders understand the required PROJECT elements, the non-profit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on "Best Value" factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan. 3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods. The non-profit GRANTEE's Board of Directors evaluates the bids to determine which contractor will provide the "best value" and will meet PROJECT requirements. "Best value" should be determined by price, quality of materials, equipment, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the non-profit GRANTEE's Board of Directors. The non-profit GRANTEE's Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing. 4. The Board of Directors selects a contractor and awards a contract. 5. For audit purposes, the GRANTEE keeps records of Steps 1 — 4 above. Waiver of Three -Bid Requirement The non-profit GRANTEE may request a waiver of the three -bid process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required. 13-16 of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Specified Grant Project Application Form PROJECT NAME REQUESTED PROJECT AMOUNT PROJECT SITE NAME and PHYSICAL ADDRESS where LAND TENURE (0 all that apply) project is located (including zip code) ❑ Owned in fee simple by applicant ❑ Available (or will be available) under a year lease or easement NEAREST CROSS STREET Project is for Acquisition ❑ Development ❑ Combination ❑ COUNTY OF PROJECT LOCATION APPLICANT NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION Name (typed or printed) and Title Email address Phone GRANT CONTACT - For administration of grant (if different from authorized representative) Name (typed or printed) and Title Email address Phone PROJECT SCOPE: I represent and warrant that this application packet describes the intended use of the requested grant to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this application packet, including required attachments, is accurate. Signature of authorized representative as shown in Resolution Date Print Name Title 13-17 Acquisition Projects Acquisition Requirements Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference. Acquisition Documentation For each parcel to be acquired, provide a document with the following information: 1. An appraisal conducted within the last twelve months. 2. A separate letter from an independent third party, Certified General (AG) rated appraiser certified by the California Office of Real Estate Appraisers stating that the appraisal was reviewed, and was completed using acceptable methods. 3. County Assessor's parcel map, showing parcel number, acreage and parcel to be acquired. 4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value). 5. A description of any encumbrances that will remain on the property, such as grazing, timber, mineral rights or easements. 6. A letter from the seller indicating a willingness to enter into negotiations to sell the property, and indicating the seller's understanding that the State cannot participate in ACQUISITIONS for more than the appraised value. For easement ACQUISITIONS, in addition to the requirements above, provide: 7. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application. For relocation costs, in addition to the requirements above, provide: 8. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code 7260-7277. Eligible Costs for Acquisition • Employee services — see accounting rules for employee services for more information (page 12) • GRANT administration and accounting • Public meetings/focus groups/design workshop • Appraisals, escrow fees, surveying, other costs associated with ACQUISITION • Cost of land Ineligible Costs for Acquisition — Cannot be charged to the grant • Land acquired outside of the state • Costs Incurred outside the GRANT PERFORMANCE PERIOD 13-18 Development Projects Development Project Requirements 1. Contracted work must comply with the provisions of Section 1771.5 of the State Labor Code. 2. GRANTEE must hire licensed contractors, with adequate liability insurance, performance bond, or other security necessary to protect GRANTEE'S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT. Eligible Costs for Development Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS with any questions regarding a PROJECT cost. • Public meeting/focus group/design workshop • Plans, specifications, construction documents, and cost estimates • Permits • CEQA • Bid packages • IN-HOUSE EMPLOYEE SERVICES — see accounting rules for employee services (page 12) • GRANT administration and accounting • Construction: necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision. • Bond and other signs • Premiums on hazard and liability insurance to cover personnel or property • Site preparation • Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc. • Construction management: including site inspections, PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications. Ineligible Costs for Development — Cannot be charged to the grant • Construction or improvements to facilities that are not primarily focused on the purpose of the GRANT • Costs Incurred before or after the GRANT PERFORMANCE PERIOD • Indirect costs: overhead business expenses of the GRANTEE'S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Food and beverages • Out-of-state travel • Fundraising 13-19 Accounting Rules for In-house Employee Services GRANTEES must follow these accounting practices for IN-HOUSE EMPLOYEE SERVICES: • Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee's actual hours worked on the PROJECT. • Time estimates for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee's time spent on the PROJECT are not acceptable. • Costs of the salaries and wages must be calculated according to the GRANTEE'S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers' compensation. • Overtime costs may be allowed under the GRANTEE's established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc. 13-20 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Project Scope/Cost Estimate Form Acquisition (if applicable) Estimated cost # of acres: Parcel number(s): Relocation costs (if applicable) $ Other costs: appraisals, escrow fees, title insurance fees, deed restriction recordation costs, etc. $ Pre -Construction (costs incurred prior to breaking ground such as, design, permits, CEQA) Estimated cost $ Project Scope Items Estimated cost $ $ $ $ $ Project Application Amount: $ Estimated TOTAL PROJECT COST $ The grantee understands that this form will be used to establish eligible costs, and that all of the recreation features and major support amenities listed on this form must be completed and open to the public before final project payment is processed as specified in the Final Payments Section found on page 20 of this guide. (Signature) AUTHORIZED REPRESENTATIVE Date 13-21 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Funding Sources PROJECTS funded by the program are not complete until all PROJECT SCOPE items are complete and open to the public. If Specified GRANT funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project: The total cost of the larger project that these GRANT funds will contribute to is $ Anticipated completion date: List all funds that will be used: Funding source Date Committed Amount State of California 2019-20 Budget Act July 1, 2019 $ Submit a revised Funding Sources Form should funding sources be modified. 13-22 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION CEQA Compliance Certification Grantee: Project Name: Project Address: Is CEQA complete? ❑Yes ❑No Is completing CEQA a project scope item? ❑Yes ❑No What document was filed, or is expected to be filed for this project's CEQA analysis (check one): Date complete/expected to be completed ❑ Notice of Exemption (attach recorded copy when filed) ❑ Notice of Determination (attach recorded copy when filed) ❑ Other: If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency. Lead Agency Contact Information: Agency Name: _ Contact Person: Mailing Address: Phone: ( 1 Certification: Email: I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project's construction or acquisition. I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds. Authorized Representative Date (Signature) FOR OGALS USE ONLY CEQA Document Date Received PO Initials ❑NOE ❑NOD Authorized Representative (Printed Name and Title) 13-23 Land Tenure and Site Control If the property is owned in fee simple by the applicant, provide a copy of the • Deed or deed recordation number or, • Title report or, • Tract map (if owner's name provided) If the property is not owned in fee simple, provide the lease, easement, joint powers agreement, etc. Site Plan Provide a drawing showing where all the items listed in the Project Scope/Cost Estimate Form will be located. Status Report oGALs will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. Sample Status Report Form— Due xx/xx/20xx (30 days from mail date) Grantee: Project Number: Project Name: Project Scope: Project Phase: ❑ Pre-Construction/Pre-Acquisition ❑ Acquisition and/or Construction When will you submit your next payment request? For how much? Estimated date of project completion: Potential obstacles affecting completion: Is the project: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain: Describe grant -funded work completed since last status report submitted on (DATE): Provide photos showing work completed since (DATE) Describe grant -funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form. I represent and warrant that I have full authority to execute this Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge. Authorized Representative Title Date 13-24 Grant Payments There are three types of payments: reimbursement, ADVANCE, and final. Payment Requirements • Status Report submitted to OGALS within the last six months (see page 16). • GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a reimbursement. • The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged. • Payment requests are processed through the State Controller's Office and mailed to the GRANTEE six to eight weeks from the date the request is approved by OGALS. • CEOA must be complete prior to requesting any construction reimbursement. • Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, and with every subsequent payment request where IN- HOUSE EMPLOYEE SERVICES costs were Incurred. The sample timesheet must represent how employee staff time was tracked during the period of the requested reimbursement. • Provide a summary list of bidders; the recommendation by the reviewer of bidders; record of the governing body's award decision; and, the contract agreement to the PROJECT OFFICER prior to requesting reimbursement for costs on contracts requiring a bid process. Reimbursement Payments Reimbursement payments may be requested after the GRANT CONTRACT has been fully executed. To request a reimbursement, submit the following documents to OGALS: • Payment Request Form (see page 21) • Grant Expenditure Form (see page 23) • Sample timesheet if IN-HOUSE EMPLOYEE SERVICES costs were incurred • Summary list of bidders for costs requiring a bid process If ground -breaking for construction has begun, also submit: • Construction progress photos • Filed NOD or NOE 13-25 Advance Payments • ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments. • ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months. • ADVANCE funds, and any interest earned on those funds, must be spent within six months of receipt, or returned to OGALS. • The sum of construction and pre -construction ADVANCES cannot exceed 50% of the GRANT amount. ADVANCE Maximum When to Documents to Send Type Request Request Pre- Combined After the GRANT • Payment Request Form construction ADVANCE for CONTRACT IS • ADVANCE justification (see below) construction fully executed and pre- construction Construction After the GRANT 9 Payment Request Form can be up to CONTRACTIS • ADVANCE justification (see below) 50% of the fully executed and • Copy of signed construction contract GRANT construction and a notice to proceed or IN-HOUSE will commence EMPLOYEE SERVICES schedule. during the next • Filed NOD or NOE (page 15) six months ACQUISITION Up to 100% After the GRANT • ACQUISITION Letter (see page 19) into escrow of the GRANT CONTRACT IS • Cover page of preliminary title report account fully executed and escrow is • Payment Request Form (with escrow company identified as payee) open Advance Justification Provide the following information: • Explanation as to why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE. • A payment schedule, with a month -by -month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after ADVANCE payment request is submitted. • A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit. • A statement indicating the GRANTEE will put the ADVANCED funds into a separate, interest bearing account, and spend any interest on the PROJECT. • An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand. 13-26 Acquisition Advance These three items are required to request an ADVANCE payment for ACQUISITION: 1. ACQUISITION Letter: On the GRANTEE's letterhead, addressing all of the following elements, and signed by the GRANTEE's AUTHORIZED REPRESENTATIVE: a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 10, #2). C) GRANT CONTRACT number and amount of GRANT funds requested. d) A statement by the GRANTEE that "the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the GRANT SCOPE and fulfillment of the CONTRACT provisions." e) A statement by the GRANTEE that "all funds (exclusive of the GRANT funds to be provided under this CONTRACT) needed for the completion of the ACQUISITION of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds." In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller. 2. Cover page of the preliminary title report. 3. Payment Request Form. The "Send Warrant To" item 7 on the Payment Request Form must be completed using the title company's or escrow holder's name, mailing address, and contact person (see page 21). After approval by OGALS, the payment will be mailed by the State Controller's Office to the escrow holder in 4 to 6 weeks. Clearing the Advance ADVANCES must be cleared within six months of receipt, or earlier. ADVANCES should be cleared incrementally, as costs are incurred. An ADVANCE is cleared by submitting: • A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest. • Photos of any construction completed with the ADVANCE funds (for construction ADVANCES) • For ACQUISITION ADVANCES, submit an escrow statement showing ADVANCED funds were expended and ACQUISITION is complete. • The balance of unspent GRANT funds must be returned to OGALs no later than thirty days after the end of the six month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance. OGALS cannot return interest to the CONTRACT balance. • If interest was earned on the ADVANCED funds, interest must be spent on eligible costs, and the unspent GRANT funds returned to OGALS. 13-27 Subsequent Payments ADVANCE payments must be cleared before any payments will be approved. This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver: 1 . A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed. 2. A statement in the letter that the majority of ADVANCED funds have been cleared with a Grant Expenditure Form documenting the ADVANCED funds already spent. 3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds. Final Payments/Project Completion Packets PROJECT COMPLETION PACKETS must be submitted by March 31 sl of the year the CONTRACT expires. GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate digital files, labeled as the document item. The final payment (not less than 20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs: 1. Approval of the PROJECT COMPLETION PACKET 2. Site Inspection by the PROJECT OFFICER to verify PROJECT COMPLETION To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents: 1. Payment Request Form (page 21) 2. Grant Expenditure Form (page 23) 3. Project Completion Certification Form (page 24) 4. Notice of Completion (optional)' 5. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 34) For PROJECTS Involving ACQUISITION, the GRANTEE must submit these additional documents: 1. A copy of the recorded deed to the property 2. A map sufficient to verify the description of the property including parcel numbers and acreage 3. Copy of title insurance policy 4. Copy of title report OGALs recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement. 13-28 Payment Request Form State of Califomis - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION PAYMENT REQUEST State Grant Programs See Instructions on Page 2, 4. PROFECTNUMBER 2. CONTRACT NUMBER 3_ APPLICANT A. PROJECT NAME 5. TYPE OF PAYMENT I-1 Advance I_J Reimbursement Final 6. PAYMENT INFORMATION Round afl figures to the Nearest dollar a_ Grant Project Amount $ b. Funds Received To Date $ e. Available (a_ minus b_) $ d_ Amount Of This Request $ e. Remaining Funds After This Payment (c. minus d.) $ i. SEND WARRANT TO: AGENCY NAME STREETADDRESS CI YISTATEr4P CODE 8- CERTIFICATION AND SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION I represent and warrant that I have full authority to execute this payment request on behalf of the Grantee. l declare under penalty of pellury, under the laws ofthe State of California, that this report, and airy accompanying documents, far the above-mentioned Grant is true and correct to the best of my knowledge. SIGNATUREOF PERSON AUTHORIZED IN RESOLUTION TITLE DATE FOR CALIFORNIA DEPARTMENT OF PARIES AND RECREATION USE ONLY PAYMENT APPROVAL SIGNATURE C'A7E I► SPR 212 (Rev. TM15XEw l302fG35)(Page 1 of 2y 13-29 Payment Request Form Instructions • All payment request types (reimbursement, final, ADVANCE) require this form. • Payment requests may be submitted by e-mail to the PROJECT OFFICER. • Round all amounts to the nearest whole dollar (traditional rounding). • A Grant Expenditure Form (see page 23) is required with all reimbursement and final payment requests. • Complete the Payment Request Form as follows: 1. PROJECT Number - Number assigned by OGALS when this PROJECT was approved. 2. CONTRACT Number - As shown in Certification of Funding section of the CONTRACT 3. Applicant- GRANTEE name as shown On the CONTRACT 4. PROJECT Title - Name of the PROJECT as shown In the Application Form 5. Type of Payment — check appropriate box on form 6. Payment Information — always round to the nearest dollar 7. Send Warrant To - agency name, address and contact person 8. Signature Of AUTHORIZED REPRESENTATIVE according to the Resolution 13-30 Grant Expenditure Form Project Number. Warrant/Check # (1) Date (2) Recipient (3) Purpose Pre- Construction (4) Construction Amount (6) Amount (5) Pre -Construction Subtotal (5) Construction Subtotal (6) Grand Total (5) + (6) INSTRUCTIONS List only eligible costs charged to the GRANT. R R Column (1) Use of electronic payment numbers/electronic funds transfer numbers in the "Warrant/Check Number" column is acceptable. Please include an "EP" next to the electronic payment numbers/electronic funds transfer numbers. If IN-HOUSE EMPLOYEE SERVICES Or GRANTEE'S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number. Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES was used, the date that the work was performed may be used. Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity performing work. Column (4) Brief description of cost, such as "design", "permits", "construction." When describing such costs, such as "design", state what the design is for, and who prepared it. For items such as "permits", state what kind of permit(s). For items such as "construction," state what type or portion of construction, or what was constructed. (For instance, "community center", "walkway", etc.) Column (5) PRE -CONSTRUCTION Costs Column (6) DEVELOPMENT Costs eligible for up to 100% Of GRANT amount • An electronic version of this form is available at www.parks.ca.gov/qrants. • GRANTEES may use their own spreadsheet if it contains the required information shown above. 13-31 Project Completion Certification Grantee: Grantee contact for audit purposes Name: Address: Phone:( ) Email: Project Number: Project completion — list the project scope items: Provide revised Funding Sources Form, if needed Interest earned on advanced Grant funds: $ Interest spent on eligible costs: $ Was a Notice of Completion filed with the County Recorder? Yes _ No Certification: I hereby certify that all Grant funds were expended on the above named project and that the Project is complete and we have made final payment for all work done. I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years. Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony -misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both. I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the grantee. I declare under penalty of perjury that the foregoing certification of project completion for the above-mentioned Grant is true and correct. Grantee's Authorized Representative Title (Printed or Typed name) Grantee's Authorized Representative (Signature) Date 13-32 Contract State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Sample Specified Grant Contract GRANTEE: [Grantee Name] GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2022 CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2022 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the Project Scope/Cost Estimate Form of the application(s) filed with the State of California. 13-33 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and [grantee name](hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $grant amount, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number — 3790-101-0001(1) 2(x) (appropriation chapter and budget item number hereinafter referred to as "SPECIFIED GRANT"). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 1, 2019 to June 30, 2022. II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements. 2. The term "CONTRACT PERFORMANCE PERIOD" means the duration of time during which this CONTRACT is in effect. 3. The term "DEPARTMENT' or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT' means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this AGREEMENT. 6. The term "GRANT PERFORMANCE PERIOD" means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT. 7. The term "GRANT PROJECT' means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies. 8. The term "GRANT SCOPE" means the items listed in the Project Scope/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant. 9. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for [GRANT PROJECT Name] Specified Grant." The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. 13-34 B. Project Execution 1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs 1. GRANTEE agrees to abide by the PROCEDURAL GUIDE. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the GRANT PERFORMANCE PERIOD, whichever is earlier. 2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT. 13-35 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this CONTRACT available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required. 3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE,(b) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this CONTRACT with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs 13-36 arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment. 4. The GRANTEE shall use a generally accepted accounting system. 13-37 I. Use of Facilities The GRANTEE agrees that the GRANTEE shall operate and maintain, and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD. 2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this CONTRACT only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this CONTRACT and only with the prior approval of STATE. 4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE's rights to enforce performance under the CONTRACT. 5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this CONTRACT. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program. 13-38 K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE's interest against poor workmanship, fraud, or other potential loss associated with the completion of the GRANT PROJECT. M. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach. 13-39 GRANTEE By: Signature of Authorized Representative Title: Date: STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION In Date: 13-40 Accounting and Audits Accounting Requirements GRANTEES must use accounting practices that: • Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT. Accounting Rules for In-house Employee Services GRANTEES must follow these accounting practices for employee services: • Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee's actual time spent on the PROJECT. • Time estimates, including percentages, for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee's time spent on the PROJECT are not acceptable. • Costs of the salaries and wages must be calculated according to the GRANTEE's wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers' compensation. • Overtime costs may be allowed under the GRANTEE's established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc. State Audit GRANTS are subject to audit by DPR. (See page 34, Audit Checklist). All PROJECT records must be retained for five years after final payment was received. The GRANTEE must provide the following when an audit date and time has been confirmed by DPR: • All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR's auditor. Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements. 13-41 Audit Checklist An audit of the project may be performed before or following project completion. The grantee must retain and make available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916) 657-0370. CONTRACTS Summary list of bidders (including individual bid packages) Recommendation by reviewer of bids Awarding by governing body (minutes of the meeting/resolution) Construction contract agreement Contract bonds (bid, performance, payment) Contract change orders Contractor's progress billings Payments to contractor (cancelled checks/warrants, bank statements and EFT receipts**) Stop Notices (filed by sub -contractors and release if applicable) Liquidated damages (claimed against the contractor) Notice of completion (recorded) IN-HOUSE EMPLOYEE SERVICES* Authorization/work order identifying project Daily time sheets signed by employee and supervisor Hourly rate (salary schedules/payroll register) Fringe benefits (provide breakdown) IN-HOUSE EQUIPMENT* Authorization/work order Daily time records identifying the project site Hourly rate related backup documents MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT RENTALS Purchase orders/Contracts/Service Agreements Invoices Payments (actual cancelled checks/warrants, bank statements and EFT receipts **) ACQUISITION Appraisal Report Did the owner accompany the appraiser? 10 year history Statement of just compensation (signed by seller) Statement of difference (if purchased above appraisal) Waiver of just compensation (if purchased below appraisal: signed by seller) Final Escrow Closing Statement Cancelled checks/warrants, bank statements and EFT receipts, [payment(s) to seller(s)] Grant deed (vested to the participant) or final order of condemnation Title insurance policy (issued to participant) Relocation documents Income (rental, grazing, sale of improvements, etc.) INTEREST Schedule of interest earned on State funds advanced Note: Interest on grant advances is accountable, even if commingled in a pooled fund account and/or interest was never allocated back to the grant fund. AGREEMENT/CONTRACTS Leases, agreements, etc., pertaining to developed/acquired property 13-42 * Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. ** Front and back if copied. Definitions Words and terms shown in SMALL CAPS in this Procedural Guide are defined below. ACQUISITION — to obtain fee simple title of real property or a permanent easement, which gives permanent rights to use the property for the purposes of the PROJECT SCOPE. A lease or rental is not considered ACQUISITION. ADVANCE — payment made to the GRANTEE for work that will occur In the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE. APPLICATION PACKET — the Application Form and its required attachments as described beginning on page 7. APPROPRIATION DATE — July 1 of the fiscal year in which funds were appropriated through the state budget process. The APPROPRIATION DATE Is the start of the GRANT PERFORMANCE PERIOD. AUTHORIZED REPRESENTATIVE — the appllcant'S/ GRANTEE's designated position authorized in the Resolution to sign all required GRANT documents. CEQA— the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA law establishes policies and procedures requiring entities to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the entities' proposed PROJECT. CONSTRUCTION COSTS — costs incurred starting with the date when ground -breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD. CONTRACT — an agreement between the DPR and the GRANTEE Specifying the performance of the PROJECT SCOPE within the GRANT PERFORMANCE PERIOD, and other GRANT obligations between the GRANTEE and DPR. A Sample CONTRACT can be found on page 25. CONTRACT PERFORMANCE PERIOD — the amount of time stated on the CONTRACT agreement, specifying the performance of the contractual GRANT obligations between the GRANTEE and DPR. 13-43 DEVELOPMENT — construction, expansion, or renovation. DPR — the California Department of Parks and Recreation. GRANT — funds made available to a GRANTEE for Completion of the PROJECT SCOPE(S) during the GRANT PERFORMANCE PERIOD. GRANTEE — an entity having a fully executed CONTRACT with DPR. GRANT PERFORMANCE PERIOD — period of time that eligible costs may be Incurred by the GRANTEE and paid for by DPR, as specified In the fully executed CONTRACT. IN-HOUSE EMPLOYEE SERVICES — use of the GRANTEE's employees working on the PROJECT SCOPE OGALS — DPR's Office of Grants and Local Services. PRE -CONSTRUCTION COSTS — costs incurred during the planning, design, and permit phase of the PROJECT before construction can begin. PROJECT — the specific items to be completed with GRANT funds, and/or specific land to be purchased. PROJECT COMPLETION — when the PROJECT SCOPE Items listed In the Project Scope/Cost Estimate Form are complete and the facilities are open and useable by the public. With approval by OGALS, PROJECT COMPLETION may occur before the facilities are open and useable by the public. PROJECT COMPLETION PACKET — The documents listed on page 20 that are required in order to request final payment following PROJECT COMPLETION. PROJECT OFFICER — an OGALs employee who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and ensures compliance with the Procedural Guide and the CONTRACT. PROJECT SCOPE — the items listed in the Project Scope/Cost Estimate Form that must be completed prior to final GRANT payment. TOTAL PROJECT COST — the combined dollar amount of all funding sources used to complete the PROJECT SCOPE items listed in the Project Scope/C 13-44